Clinkenbeard v. Reinert
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. L. A. Vories, Judge. (1.) When it is established that a dog is of a vicious or mischievous nature- and that the person owning it or keeping it has actual or constructive knowledge of that fact, the owner keeps it at his peril, and is chargeable for any failure to. so keep it that it cannot do any damage to any person who, without essential fault, is injured by it. 3 C. J. 98; Speckmann v. Kreig, 79 Mo.
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Appeal from Buchanan Circuit Court. — Hon. L. A. Vories, Judge. (1.) When it is established that a dog is of a vicious or mischievous nature- and that the person owning it or keeping it has actual or constructive knowledge of that fact, the owner keeps it at his peril, and is chargeable for any failure to. so keep it that it cannot do any damage to any person who, without essential fault, is injured by it. 3 C. J. 98; Speckmann v. Kreig, 79 Mo. App. 376; O’Neill v. Blase, 94 Mo. App. 648; Merritt v. Matchett, 135 Mo. App. 176; Holt v. Meyers, 47 Ind. 118; Perotta v. Picciano, 175 N. Y. Supp.…
1Opinion of the Court
Action by plaintiffs (husband and wife) for the death of their daughter of the age of about six years. The child was bitten by a dog on December 17, 1913, and died January 25, 1914, from rabies. The petition is in two counts. The first charges common law negligence in that "the defendants negligently kept and owned and harbored on their premises a dog of mischievous and vicious propensities that was disposed to bite or attack or injure a person, all of which facts were well known to defendants."
The second count is based upon ordinance negligence, and specifically pleads two section of…
2Cases cited16 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Brice v. . BauerNew York Court of Appeals · 1888
- Lynch v. . McNallyNew York Court of Appeals · 1878
- Montgomery v. KoesterSupreme Court of Louisiana · 1883
- O'Neill v. BlaseMissouri Court of Appeals · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Johnston v. OhlsWashington Supreme Court · 1969
- Andrews v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1933
- State ex rel. Kroger Co. v. CraigMissouri Court of Appeals · 1959
- Duren v. KunkelSupreme Court of Missouri · 1991
- Frazier v. StoneMissouri Court of Appeals · 1974
16 more not listed; retrieve them via the Exa API.